Posted by:
Katrina
at Fri Mar 20 16:03:11 2009 [ Email Message ] [ Show All Posts by Katrina ]
Read below the main article for more information. Turtlesale.com is one of companies charged with Lacy Act violations for sending CB hatchling native turtles into NY state.
Now, I'm not a fan of TS, but let's face it, any of us could have broken this law. Most of us take or at one point have taken unwanted or abused or abandoned reptiles that need new homes. Can everyone here say they knew for certain that every animal they rehomed was legal to take into possession at the time? You could agree to take someone's unwanted pet turtle as a good Samaritan and find yourself in trouble with the law. (Selling a wild poached animal is a completely different story, though, IMO.)
When NY passed the new law in 2007, they made NO provisions for native species already held in possession LEGALLY before the bill was written. So, someone who had a pet eastern painted turtle for 20 years was now a criminal, no matter when, where, or how they acquired the turtle. If that person gave away that same eastern painted turtle to someone out of state, both parties would technically be in violation of the Lacey Act, because it would then be illegal to possess the turtle in NY and illegal to take it out of NY (the turtle crossed a state line illegally in that case).
That's what Turtle Sale is being charged with - they shipped legally produced captive bred turtles, of species native to New York, INTO New York, which is in violation on NY regulations, so the Lacey Act was invoked when the turtles crossesd into an illegal state. If those same turtles had been sent to a permit holder in MD, then no laws would have been broken, simply
because the regs/laws are different between MD and NY.
Always know your state laws and regulations, from whom you're buying or receiving, and what you're getting. If they won't give you a receipt with thier contact information and the Latin name of the animal, or a letter stating the transfer of ownership (for adopted/rescued or gifted turtles), walk away.
Katrina
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News from New York State Department of Environmental Conservation
For more information contact: Yancey Roy, 518-402-8000
Black Market Animal Trade Busted
DEC's In-Depth Undercover Investigation Nets 18 Arrests
ALBANY, NY (03/19/2009; 1019)(readMedia)-- An extensive undercover investigation into the poaching, smuggling and illegal sale of protected reptiles and amphibians by the New York State Department of Environmental Conservation has led to charges against 18 individuals for 14 felonies, 11 misdemeanors and
dozens of violations, DEC Commissioner Pete Grannis announced today.
The investigation, dubbed "Operation Shellshock," uncovered a lucrative, international black market for poaching and selling native, protected New York species - turtles, rattlesnakes and salamanders - through the Internet and at herpetological shows, Commissioner Grannis said. Investigators found thousands of New York turtles being laundered through "middlemen" in other states, then getting shipped overseas for meat and other uses. More than 2,400 individual turtles, snakes and salamanders were involved in the documented crimes, with DEC currently holding nearly 400 live animals in evidence.
The undercover investigation began in 2007,coordinated through DEC's Bureau of Environmental Crimes Investigation (BECI). Investigators spent hundreds of hours afield and at shows with reptile poachers and illegal collectors. They built cases from the ground up through initial contact with violators online, at
shows, and in the field.
Through the investigation, New York DEC investigators worked closely with officials from Pennsylvania, New Jersey, Florida, the U.S. Fish and Wildlife Service, the U.S. Immigration and Customs Service, the New York State Attorney General's Office, Environment Canada and the Ontario Ministry of Natural Resources. Some of these agencies have filed separate but related charges (details below).
"Our investigators began this operation with a simple question: Is there a commercial threat to our critical wildlife species? What they found was alarming," Commissioner Pete Grannis said. "A very lucrative illegal market for these creatures does exist, fostered by a strong, clandestine culture of people who want to exploit wildlife for illegal profit. I'm proud of the success of our officers. Their work sends a strong message that the buying and selling of New York's native species will not be tolerated."
"Operation Shellshock is one of the largest, most extensive undercover operations DEC has ever undertaken," said Henry Hamilton, DEC Assistant Commissioner for Public Protection. "It stands out for its magnitude and impact, and it hopefully will be a springboard for positive change on all fronts involving ecologically significant species."
"Illegal trafficking of turtles, snakes and other animals is a serious matter precisely because such activities can produce long-term, detrimental effects to the eco-system. No one wants to see populations of vital species put at risk for short-term profits," said Kathleen M. Mehltretter, Acting U.S. Attorney for the Western District of New York. "Operation Shellshock should serve not only as a deterrent but also should raise public awareness about the need to protect wildlife."
"Environment Canada believes in ensuring that companies and individuals comply with the conservation goals of environmental and wildlife protection acts and regulations," said Albin Tremblay, Chief Enforcement Officer with Environment Canada. "The department carries out its enforcement work in cooperation with other federal, provincial and territorial governments and with international organizations. Operation Shellshock is a good example of how working together can produce positive results."
"Reptiles and amphibians are important environmental indicators that tell us much about the health of the planet. As such, they must be protected -- not exploited," said David Critchlow, Provincial Enforcement Specialist of the Ontario Ministry of Natural Resources. "Through the cooperative work of Canadian and American agencies, we hopefully have not only put a dent in the black market for these animals but also sent a strong message to legitimate collectors and the general public."
The Investigation
Investigators found New York's timber rattlesnakes and wood turtles being shipped out of state and out of the country to support high-end collectors. They found thousands of snapping turtles laundered through a Louisiana turtle farm, then shipped illegally to China. They found poachers stealing turtle eggs as soon as they were laid. And they successfully traded with a smuggler from Canada to recover a population of endangered Massasauga rattlesnakes - nabbing him in a Niagara Falls parking lot with a van stuffed with 33 rattlesnakes in hidden compartments.
Other snakes confiscated during the operation were timber rattlesnakes, copperheads and eastern hognose snakes. The types of turtles confiscated included snapping turtles, Blandings turtles, box turtles, North American wood turtles and two Yellow Spotted Amazon River turtles, which are federally protected as an endangered species.
Charges Beyond New York
In addition, as a result of Operation Shellshock, the U.S. Fish and Wildlife Service and the U.S. Attorney's Office for the Western District of New York are pursuing Federal Lacy Act charges against a Maryland meat processor for the knowing purchase of illegally trapped New York State snapping turtles, and
against a Louisiana turtle farm operator for the knowing purchase of illegally taken New York State snapping turtle hatchlings and the export of such hatchlings to China.
Pennsylvania authorities have charged six individuals and are continuing their investigation. Canadian officials so far have charged one individual.
New York prohibits the illegal commercialization of wildlife; a law enacted in 2006 gives protection to all reptiles and amphibians. The state also bans unlawful possession of protected species. A list of individuals cited and the charges filed by New York officials is available.
Commissioner Grannis re-constituted BECI in 2007. The investigation was led by Capt. Michael Van Durme, Lt. Richard Thomas and Investigator Daniel Sullivan. DEC reptile and amphibian specialist Alvin Breisch and wildlife educator Tom Hudak of Livingston County provided valuable support in numerous phases of the
operation, as did DEC Environmental Conservation Officers throughout the state.
www.HerpDigest.org
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Baltimore City Paper article on snapping turtle meat processor:
http://www.citypaper.com/news/story.asp?id=17730
AND....
http://cityroom.blogs.nytimes.com/2009/03/19/reptile-smuggling-ring-is-broken-authorities-say/
"The case had the familiar ring of a drug bust, but it was instead built in the unlikely world of herpetological shows and included charges against leaders at organizations like the New York Turtle and Tortoise Society, the Long Island Herpetological Society, and the pet Web site turtlesale.com (a Florida-based company facing New York charges)."
AND...
http://www.syracuse.com/news/index.ssf/2009/03/25_charged_with_poaching_new_y.html
"In one case, a company in Florida faces felony charges for selling captive-bred wood, spotted, and Blandings turtles over the Internet to undercover investigators in New York. A woman who answered the phone at the company, Turtlesale.com in Port Richey, said Thursday that the company had "no comment at this time.""
AND...
http://www.examiner.com/a-1913591~NY_rattlesnakes_retrieved__poachers_charged.html?cid=rss-New_York_Headlines
"In "Operation Shellshock," investigators spent hundreds of hours afield with poachers, trolled Internet sales sites and chat rooms, and posed as vendors at herpetological shows in New York and Pennsylvania beginning in 2007."
AND....
http://timesunion.com/AspStories/story.asp?storyID=781867
"Most arrests were made within the metropolitan New York area and lower Hudson Valley, although a Ballston Spa man, Sean Kirk, 34, was among those charged with a misdemeanor, Kirk allegedly sold three Eastern box turtles native to New York to Thomas for $550.
Kirk, who could not be reached for comment, has sold reptiles over the Internet under the name of Sean's Exotics, and has used the Web site . His most recent site has been taken down."
[ Hide Replies ]
- Busted in New York. - Jaykis, Fri Mar 20 10:29:43 2009
 More info: Busted in New York. - Katrina, Fri Mar 20 16:03:11 2009
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